Regenerating historic buildings - legislation

by John Boanson
NBS Technical Authoring Coordinator and Architect

Historic buildings are a valuable material resource which contributes to our understanding of both the present and the past. In the UK, unlike many other countries, they are seen as an asset and are often the major reason for attracting millions of tourists each year to our shores. Once lost, historic buildings cannot be replaced – they represent a finite resource and an irreplaceable asset.

The purpose of planning legislation is not to prevent development, but to regulate it, reconciling the need for economic growth with the need to protect the natural and historic environment.

Provided that they are properly maintained, the loss of fabric through neglect can be avoided. The best way to save a building is to find a new use for it. Even recently restored buildings that are vacant will soon start to degenerate again. An unreasonable, inflexible approach will prevent action that could have given a building new life.

Criteria for identification and protection of historic buildings, conservation areas and other elements of the historic environment is stated in Planning Policy Guidance 15 – Planning and the Historic Environment and as revised by subsequent government circulars.

There are a number of designations that can apply to historic buildings; those you are most likely to encounter are:

• Listing of buildings
• Conservation areas
• Schedule of ancient monuments
• Locally listed buildings.

In addition to the above, listing under Registered Parks and Gardens, Registered Battlefields and World Heritage Sites also exist, but less commonly apply.

Listed buildings

The following grades apply to listed buildings:

• I – Of exceptional interest (2% of all listed buildings)
• II* – Particularly important/ more that special interest (4%)
• III – Of special interest, warranting every effort to preserve (94%).

A total of about 500,000 individual buildings are estimated as being protected. Listing of buildings, which can be proposed by anyone, is assessed by English Heritage; they then make recommendations to the Secretary of State.

There are no specific duties on owners to keep their buildings in a good state of repair, but local authorities have powers to take action where a historic building has deteriorated to the extent that its preservation may be at risk.

Contrary to popular belief, if a building is listed, then controls apply to all works, both internal and external, whether or not the particular feature is specifically listed. Where repairs consist of replacing like with like, consent is not required, however where painting or repainting would affect the building character, consent is required.

Applicants for listed building consent must be able to justify their proposals. They will need to show why works which would affect the character of a listed building are desirable or necessary. They should provide the local planning authority with full information, to enable them to assess the likely impact of their proposals on the special architectural or historic interest of the building and on its setting.

Conservation areas

There are over 8,000 conservation areas in England. Where places are of special architectural or historic interest or deserve to receive careful protection, they can be designated as conservation areas. Generally they are designated by the local planning authority, but within London, English Heritage can, after consultation with the relevant Borough Council, and with the approval of the Secretary of State, designate a conservation area.

Conservation areas vary greatly in their nature and character. They range from the centres of our historic towns and cities, fishing and mining villages, 18th and 19th century suburbs, model housing estates, and country houses set in their historic parks, to historic transport links and their environs, such as stretches of canal. The prime consideration in designating conservation areas is the quality and interest of the areas, rather than those of individual buildings. Designation includes a general control over the demolition of unlisted buildings, strengthens control over minor development and protection of trees.

Development that would, outside of a conservation area, be classed as permitted development may, inside these areas require planning approval. Work such as replacement of doors, windows, roofs and frontages of domestic property all become subject to permission. Withdrawal of permitted development other than these can be enforced via an Article 4 direction, for which the Secretary of State's approval is generally required before they can become effective.

Anyone proposing to cut down, lop or top a tree in a conservation area, even if that tree is not subject to a preservation order, is required to give six weeks notice to the local authority. This is to give the authority an opportunity to consider applying a preservation order to the tree.

Schedule of Ancient Monuments

The Schedule has over 18,000 entries (about 31,000 sites) which are divided into over 200 ‘classes’ of monuments ranging from burial mounds, castles, monasteries, abandoned farmsteads and villages to collieries and wartime pill boxes.

English Heritage identifies archaeological sites and develops policies to protect them. Buildings can be both listed and noted on the Schedule of Ancient Monuments. Any work to a designated monument requires consent.

Locally listed buildings

Local development plans should set out the planning authorities' policies for the preservation and enhancement of the historic environment in their area. Designation is non-statutory, and there is a degree of inconsistency across the country. Approval for development of locally listed buildings is simply dealt with along with the planning application by local authority planners and ratified by the planning committee.

Changes in heritage legislation

The Heritage Protection Reform Programme resulted from proposals set out by the Government in 2003. Its aims are to achieve:

• A modernised approach to all of the historic environment
• A better designation process and wider participation
• Better management and decision making
• Local participation and management.

To help achieve some, if not all of these objectives, the draft Heritage Protection Bill was published in April 2008. It sets out, for England and Wales, the legislative framework for a unified and simpler heritage protection system that will be more open, accountable and transparent. Unfortunately, the Bill is currently on hold, despite the website for the Department for Culture, Media and Sport stating “the Government remains committed to this legislation”.

This does not mean that progress is not being made. Without the Bill there will be no statutory local records of historic buildings, but local authorities are to be urged, via a Planning Policy Statement due to be issued in 2009, to provide a comprehensive record of their local historic environment.

English Heritage are creating a database that brings together all the separate registers for listing, scheduling and registration of historic buildings. This is planned to be in place around October 2010.

So although currently there may not be any concrete evidence of progress, we shouldn't have to wait too long before changes are seen to be implemented.

Building Regulations

Often, if strictly adhered to, the requirements of the Building Regulations may conflict with retaining the historic character of the building. Some (but not all) Approved Documents carry specific guidance relating to historic buildings. In general, the suggested approach is to try to improve the building towards satisfying the Regulations, but achieve a balance between the measures proposed and the character of the building. Advice from the local authority's conservation officer is recommended.

Related NBS information:

Articles:

• The use of historic buildings as museums and art galleries

Selected links:

• Building conservation
• Owning period properties

Written May 2009

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